Data processing terms for venues

Draft, not in force. Clauses for inhand's venue terms and the venue DPA. The DPA's other terms (the processor duties of Article 28(3), exit, 14 days' notice of new sub-processors and breach notice within 48 hours) stay as pilot-readiness.md §4.3 drafts them.

3.1 Definitions

• Customer Data: personal data and business data that the Customer, its users or its clients put into inhand, or that inhand receives from the Customer's connected accounts.
• Mailbox Data: Customer Data that inhand receives from a connected mailbox or calendar, and anything derived from it.
• Pooled Data: statistics Hire Space makes by combining Customer Data with other customers' data, with the identities of venues, clients and staff removed.
• Minimum Group: the least number of unrelated venue businesses that any Pooled Data figure combines: 6, or any higher number Hire Space publishes on inhand's method page.
• Hire Space Terms: the Customer's terms with Hire Space for Hire Space's own services, including the Partner Terms and any signed variation recorded on the Customer's Hire Space account.
• Agents: the AI team members the Customer sets up in inhand. Modes: Supervised, Auto and YOLO.

3.2 Roles and instructions

1. For Customer Data about the Customer's clients, callers, guests, suppliers and staff, the Customer is the controller and Hire Space is its processor. The Customer instructs Hire Space to process it to provide inhand as the privacy policy describes, including the Hire Space exchange (§3.3), call recording (§3.6) and the Agents' work (§3.8).
2. Hire Space is the controller of three things: the data it needs to run the accounts of the Customer's users; the processing that makes Pooled Data; and Pooled Data itself (§3.4).

3.3 The Hire Space exchange

1. inhand includes Hire Space's services. While the Customer uses inhand, Hire Space may: a. read the Customer's spaces, capacities and the rates it sets in inhand; b. check the availability of the Customer's spaces, as free, held or booked, without any client's identity; c. read the Customer's recent quotes, without clients' names or contact details, to give Hire Space's clients indicative quotes for the Customer's venue; d. receive the status of the enquiries Hire Space sends the Customer, including quote value, holds, outcome and final value; and e. receive Pooled Data (§3.4).
2. Each check under 1.b and 1.c names a Hire Space enquiry and is logged where the Customer can see it.
3. Hire Space never receives the Customer's email, messages or calls, or any rate learned from them except as Pooled Data.
4. The exchange is part of inhand and can't be switched off in it. Publishing the Customer's listing on hirespace.com is optional.
5. Hire Space uses what it receives under its own privacy policy, as controller, and never shows one customer's records to another.

3.4 Pooled Data

1. Part of the service. The Customer agrees that Hire Space may use Customer Data, including Mailbox Data, to make Pooled Data, and may use Pooled Data for inhand's pricing intelligence and for Hire Space's own dynamic pricing. This is part of inhand and can't be switched off in it, unless the Customer's order form with Hire Space says otherwise.
2. What it may include: rates, minimum spends and revenue; the rates set for future dates, availability and provisional holds; counts and amounts of enquiries and quotes; and individual quotes with the venue and the client removed, used only as inputs to statistics.
3. What it never includes: names, contact details, message text or dietary or access details. Nothing in it identifies the Customer's clients or staff.
4. Protections. Every Pooled Data figure shown to anyone combines at least the Minimum Group, and no single business makes up more than the share Hire Space publishes. Hire Space: a. never shows the Customer's records or quotes to another customer, or tells any customer which venues are in its group; b. lets no person read the inputs; c. never sells Pooled Data or uses it for advertising or marketing; and d. publishes the method, the Minimum Group, the share and the look-back on inhand's method page, and changes them only on legal advice.
5. The Customer's part. The Customer confirms that it may let Hire Space use Customer Data this way, and will tell its clients (§3.10).
6. Ownership. Pooled Data belongs to Hire Space. It stays after the Customer leaves, because nothing in it identifies the Customer, its clients or its staff.

3.5 Commission

1. Hire Space's commission. Bookings Hire Space introduces, including through Opportunities, carry Hire Space's commission under the Hire Space Terms. inhand shows the commission terms on the Customer's Hire Space record. They can't be edited in inhand, and change only as the Hire Space Terms allow.
2. The default. Where the Customer's Hire Space record carries no negotiated terms, the Base Commission of 10% in the Partner Terms applies, and any other rate those terms set, such as Enhanced Commission, applies as they say [HS-PT].
3. Other commissions. Commission the Customer owes to other agents and platforms is recorded in inhand as money the Customer owes. The Customer sets and changes each rate, and inhand starts each at 10% until the Customer changes it. That default is a setting, not a term between the Customer and Hire Space, and Hire Space earns nothing from those bookings.
4. inhand never deducts commission from the Customer's clients' payments, and never looks for commission on enquiries that didn't come through Hire Space.

3.6 Call recording

1. The Customer instructs Hire Space to record every call inhand answers on the Customer's inhand numbers and every call its staff make through inhand, and to keep each call's recording, transcript and summary as the privacy policy says.
2. inhand's phone agent tells every caller at the start of the call, in its own words, that it is an AI assistant and that the call is recorded.
3. The Customer: a. is the controller of the recordings, and has a lawful basis for them; b. tells callers in its privacy notice and on its website that calls may be answered by AI and are recorded (§3.10); c. tells its staff which of their calls are recorded; d. never asks callers to give card details on a call; and e. handles callers' requests about their recordings, with Hire Space's help. f. is the system controller for the purposes of the 2018 Regulations, and is responsible for informing callers and staff that calls are recorded. Hire Space provides the agent's opening words as part of the service, but does not monitor, verify or warrant that any particular caller was informed, and does not withhold or delete a recording on that ground.
4. Hire Space processes recordings, transcripts and summaries only as the Customer's processor, on the Customer's documented instructions (Article 28(3)(a)), and for no purpose of its own.
5. Before any number outside the UK goes live, the Customer and Hire Space agree what that country's law needs, such as every party's consent in some US states.

3.7 Marketing, and the BD agent

1. The BD agent sends marketing only if the Customer switches it on and allows it in the agent's "What I may do" box. The Customer is the sender and the controller of that marketing.
2. The Customer confirms that it may email each person the BD agent contacts. For individuals, sole traders and ordinary partnerships, that means their consent, or the soft opt-in where its conditions were met when their details were collected.
3. inhand checks every recipient before each marketing email: its record of consents and opt-outs, and the company's legal form where it has one. It treats anyone it can't place as an individual. Every email names the Customer and offers a simple way to unsubscribe, and inhand honours every opt-out at once, companies' included.
4. The BD agent sends from the Customer's own mailbox, one message to one person, within inhand's daily sending limits.
5. The Customer never adds contacts to inhand for marketing that it has no right to email.

3.8 Agents and AI output

1. Acting for the Customer. Agents act in the Customer's name, within the profile and Mode the Customer sets. Auto is the default, and the Customer can choose Supervised or YOLO for each area at any time.
2. Responsibility. The Customer is responsible to its clients for what its Agents send, agree, hold or charge, as it would be for its own staff.
3. What Hire Space does. Hire Space builds inhand so that: a. every rate, date, capacity and payment detail comes from the Customer's accepted records, never from a model's guess; b. every draft is checked before it can be sent; c. Agents act only within their profiles; d. every action is logged with its reasons, and can be undone where that is possible; and e. the Customer can stop any Agent at once.
4. Hire Space's liability. Hire Space is liable where inhand fails to do what clause 3.8.3 says, or acts outside the Customer's settings. It isn't liable for what an Agent did within the settings the Customer chose. [Counsel sets the caps.]
5. Disclosure. The phone agent says it is an AI assistant on every call, and every email inhand drafts or sends carries a machine-readable mark that AI wrote it. The Customer is responsible for any further disclosure its own law needs.
6. Decisions about clients. Where an Agent's decision could significantly affect a client, the Customer answers the client's request for a person to review it (UK GDPR Article 22C). inhand shows the Customer what was decided and why.

3.9 Permission to use mailbox data

1. The Customer expressly and specifically permits Hire Space to use its Mailbox Data to: a. sync mail and calendars, and back them up; b. find, sort and keep enquiries, and drop what isn't about events; c. draft replies, write drafts into the Customer's threads, send them as the Customer and its Agents allow, and apply and read labels; d. learn the Customer's venue knowledge and suggest changes to it; e. keep the Customer's diary and calendars; f. make the Customer's reports; g. make Pooled Data (§3.4); h. run the Hire Space exchange (§3.3); i. measure inhand's quality as counts and scores and, where the Customer's Owner opts in, by scoring its Microsoft 365 and IMAP records inside inhand; j. include figures derived from it in the warehouse feed, where the Customer sets one up (§3.11); and k. keep inhand secure.
2. Each person who connects a mailbox confirms these permissions on inhand's connect screen, before the provider's consent screen.
3. Hire Space never uses Mailbox Data for advertising or marketing, never sells it and never uses it to train a general AI model.

3.10 What the Customer tells its clients

inhand supplies these lines, and the Customer adds them to its own notices:

• Privacy notice: "We manage enquiries, bookings and calls with inhand by Hire Space. inhand reads the emails and messages you send us, answers and records our phone calls and helps our team reply, often using AI. Figures from bookings like yours, without your name or contact details, are combined with other venues' figures in anonymous statistics that inform our rates and Hire Space's. See useinhand.com/privacy."
• Website and email footer: "Calls to [venue] may be answered by an AI assistant and are recorded."
• Staff notice: the notice inhand prompts the Customer's Owners to send when per-person figures first go live.

3.11 Connected services and the warehouse feed

1. The Customer's own services. When the Customer connects a service of its own, such as its ledger, its Mailchimp audience, its ad accounts or its till (Square or Epos Now, or Lightspeed, Toast or Zonal once each is approved), it instructs Hire Space to send that service, or read from it, what inhand's settings for that connection describe. The Customer's own agreement with the service's provider governs what the provider does.
2. Tills. A till link reads bill totals, and the items on a bill where the Customer allows, to record an event's final spend. It sends the till nothing.
3. The warehouse feed. Where the Customer sets one up, inhand sends a scheduled feed of the Customer's own figures to a destination the Customer names and controls. The Customer: a. chooses the destination and what the feed includes, from what inhand offers; b. is the controller of every copy the feed delivers, and responsible for who can reach it; and c. may change or stop the feed at any time in inhand.
4. Hire Space is responsible for the feed until it is delivered, and keeps each day's run 35 days in its own storage, deleting it within an hour of the feed stopping. The feed never carries another customer's data or Pooled Data beyond what the Customer sees in inhand.

Draft, not in force.

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